N.J. Admin. Code § 10:35-4.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10:35-4.2 - Basis for transfers

(a) Clinical considerations shall always be paramount in any transfer decision. Any of the factors described below may serve as a basis for the transfer of a patient:

1. To place him or her in closer proximity to family members;

i. If a patient and his or her family members disagree on a transfer request based on proximity to family members, a clinical determination shall be made by the hospital staff based solely on the clinical best interest of the patient;

2. To place the patient in the appropriate facility according to the patient's residence (catchment area);

3. To participate in a specialized psychiatric service that is offered in another psychiatric facility or in the community that is more accessible from the receiving facility;

4. To spare patients the consequence of overcrowding in a specific psychiatric facility;

5. In response to a natural catastrophe, fires or other life safety concerns which necessitate transfer;

6. As a consequence of inter-regional or intra-regional consolidation of services; or

7. In response to the request of the patient.

(b) A patient's stated preference for treatment at a particular State psychiatric facility shall always be a relevant consideration in transfer decisions. Transfers over the objection of a patient are permitted, however, when a clinical determination has concluded that the transfer is in the transferee's clinical best interest or necessary for the safety of other patients or administratively necessary due to a factor listed in (a) above. A transfer is permitted only when, in the judgment of the treatment team, the transfer's permissible purpose outweighs any potential harm to the patient from the transfer.

1. When a transferring facility is capable of meeting the clinical or administrative purpose for a proposed transfer as contained in the factors at (a) above, an objecting patient shall not be transferred.

2. Transfers shall be the least restrictive available treatment alternative necessary to achieve the purposes of the transfer request as contained in the factors at (a) above.

N.J. Admin. Code § 10:35-4.2